Common use of Organizational Documentation Clause in Contracts

Organizational Documentation. If the Borrower, is a limited partnership, limited liability partnership or a limited liability company, with respect to such entity: (1) the partnership agreement or limited liability company agreement, including all amendments and attachments, certified by a general partner or member; (2) the partnership certificate or certificate of formation, including all amendments, certified by an official in whose office it is filed or recorded, together with a certificate of good standing from such office and from the state in which the Property is located, if applicable; (3) any certificates filed or recorded or required to be filed or recorded by such partnership or limited liability company in the state of its formation and the state where the Land is located in order for it to do business in those states; (4) any consents by other partners or members required for the borrowing contemplated by this Agreement and the execution, delivery and performance of the Project Loan Documents and appropriate resolutions and certificates authorizing the execution, delivery and performance by Borrower of its obligations hereunder and designating those individuals authorized to enter into this Agreement and the other Operative Agreements; and (5) if requested by the Lender, an acknowledgment by each of the partners or members of his or its continued membership in the Borrower.

Appears in 2 contracts

Sources: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)

Organizational Documentation. If the Borrower, Borrower is a limited partnership, limited liability partnership or a limited liability company, with respect to such entity: (1) the partnership agreement or limited liability company agreement, including all amendments and attachments, certified by a general partner or member; (2) the partnership certificate or certificate of formation, including all amendments, certified by an official in whose office it is filed or recorded, together with a certificate of good standing from such office and from the state in which the Property is located, if applicable; (3) any certificates filed or recorded or required to be filed or recorded by such partnership or limited liability company in the state of its formation and the state where the Land is located in order for it to do business in those states; (4) any consents by other partners or members required for the borrowing contemplated by this Agreement and the execution, delivery and performance of the Project Loan Documents and appropriate resolutions and certificates authorizing the execution, delivery and performance by Borrower of its obligations hereunder and designating those individuals authorized to enter into this Agreement and the other Operative AgreementsProject Loan Documents; and (5) if requested by the Lender, an acknowledgment by each of the partners or members of his or its continued membership in the Borrower.

Appears in 1 contract

Sources: Project Loan Agreement (Agree Realty Corp)